Case Digest (G.R. No. 126817)
Facts:
People of the Philippines v. Rolando Bergonia, Roldan Bergonia, Rosely Bergonia and Virgilio Ambaliza, G.R. No. 89369, March 2, 1998, Supreme Court First Division, Hermosissima, Jr., J., writing for the Court.The prosecution charged appellants Rolando, Roldan and Rosely Bergonia and Virgilio Ambaliza with murder under an Information dated September 1, 1988, alleging that on the afternoon of May 7, 1988, in Barangay Banog Norte, Bani, Pangasinan they ambushed and shot the victim, Joel Primavera, inflicting three gunshot wounds that caused his death. The Information alleged treachery and abuse of superior strength in violation of Article 248 of the Revised Penal Code.
At trial the prosecution presented witnesses who described an ambush on a tricycle carrying Primavera and two companions; after shots caused the tricycle to overturn, Primavera ran toward the house of Agustin Ramolete seeking refuge. Ramolete testified that he saw Rolando at Primavera’s heels and later saw Roldan, Rosely and Virgilio armed near the fence; after gunshots, Ramolete saw the appellants dragging Primavera’s lifeless body out of his house. Another eyewitness, Lim Reniedo, described the ambush and pursuit. Patrolmen Dollaga and Catabay found blood stains, skull fragments, and empty shells in Ramolete’s house and recovered firearms from Rosely and Roldan following admissions allegedly made by Rolando. Dr. Vicente Tongson performed the autopsy and opined that two of the three wounds were independently fatal.
Appellants Roldan, Rosely and Virgilio testified they were at home (or playing bingo nearby) and were not present at the killing; the trial court rejected these alibi defenses because their homes were only a few hundred meters from the scene and they were identified by Ramolete as among those who dragged the body. Rolando testified differently, implicating Alfredo Catabay as the shooter and alleging motives for Ramolete’s testimony against him; the trial court found Rolando’s account incredible and uncorroborated.
The Regional Trial Court (Branch 38, presided by Judge Antonio M. Belen) convicted all four appellants of murder and sentenced each to reclusion perpetua (the judgment used the term “life imprisonment”) and ordered them to pay P30,000 indemnity and P15,000 actual damages, as found in its S...(Subscriber-Only)
Issues:
- Did the trial court err in accrediting the prosecution witnesses and rejecting appellants’ defenses?
- Was there sufficient proof of conspiracy among the accused?
- Was the conviction for murder sustainable on circumsta...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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